The widow of former Vice-President George Saitoti has asked the High Court to reject a bid by a man claiming to be the late politician’s son to have his body exhumed for DNA testing.

In a replying affidavit reported by The Star on Thursday, Margaret Saitoti said that digging up remains buried in 2012 would cause the family needless pain and could prove pointless, because advanced decomposition might make it impossible to obtain viable DNA samples.

The claim

The application was filed in June 2026 by James Njage, who says he is Prof Saitoti’s biological son and was left out when the estate was shared. The Standard reported at the time that he wants the court to revoke the confirmed grant that vested the estate in Mrs Saitoti and the couple’s son, Zachary Musengi Saitoti, and to order a full account of how the estate has been run.

According to The Star, Mr Njage says he was a minor living outside Kenya when the grant was confirmed, was never formally notified of the proceedings and had no court-appointed guardian to protect his interests. He accuses the administrators of failing to disclose his existence when they sought confirmation of the grant.

He is asking the court to order exhumation for DNA profiling, to compel the administrators to file verified accounts, and to declare him entitled to half of the net estate once the widow’s life interest ends, or to another lawful share. He has proposed that samples be analysed by the government pathologist and two independent private pathologists, one picked by each side.

Widow’s response

Mrs Saitoti described the claim as “an afterthought brought forward 14 years after the deceased’s demise”, aimed at publicity and financial gain, The Star reported. She said she had never known Mr Njage or of any relationship between him and her husband, and so could not have notified him of the succession case.

She told the court that the estate was distributed lawfully under a valid will made in 2001, following probate and in line with the Law of Succession Act. She also faulted Mr Njage for failing to produce a birth certificate, national identity card or passport to support his claim, and argued that exhumation would be an affront to her late husband’s reputation.

Final adjournment

Justice Roseline Oganyo granted Mr Njage, through his lawyer Nicholas Irungu, 14 days to respond to the administrators’ affidavit, but warned that it was the last adjournment he would get, The Star reported. The administrators had opposed the delay, noting that he had sought an urgent hearing when he filed the case in June.

The application will be argued in open court on 23 November.

A large estate

Prof Saitoti, then Internal Security minister, died on 10 June 2012 when a police helicopter crashed in Kibiku Forest, Ngong, killing all six people on board, including Assistant Minister Orwa Ojode. A commission of inquiry led by retired judge Kalpana Rawal attributed the crash to loss of control in poor visibility.

His estate includes agricultural and commercial land, homes in Muthaiga, Lavington, Karen and Nyali, the Apic Centre in Westlands, developments in Kitengela, a flower farm in Thika and an ostrich farm in Kajiado, according to The Star. It was valued at Sh84.5 million for court-duty purposes at probate in January 2013, excluding money held in five banks.

It is not the first time the family has faced such a challenge. In 2020, the High Court dismissed a petition by a Nakuru couple who claimed Zachary Musengi was their abducted son, after police established that he was not their child.

Photos: George Saitoti, Foreign and Commonwealth Office/Wikimedia Commons (OGL); Margaret Saitoti and Zachary Musengi at the 2012 burial, The Star (file).